Munhall v. Mitchell
Missouri Court of Appeals
Appeal from Jasper County Circuit Court. Division Number Two. — Hon. D. E. Blair, Judge. (1) An attorney at law is an officer of the court, and is not required to produce a warrant of attorney in any ease pending in the court. His professional obligations raises the presumption that he has such authority. State ex rel., Ponath v. Muench, 230 Mo. 236. S. C. 130 S. W. Rep., 282, and authorities cited.
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Appeal from Jasper County Circuit Court. Division Number Two. — Hon. D. E. Blair, Judge. (1) An attorney at law is an officer of the court, and is not required to produce a warrant of attorney in any ease pending in the court. His professional obligations raises the presumption that he has such authority. State ex rel., Ponath v. Muench, 230 Mo. 236. S. C. 130 S. W. Rep., 282, and authorities cited. Sec. 1728, R. S. 1909; State ex rel. v. Crumb, 157 Mo. 557; Miller v. Continental Assur. Co., 233 Mo. 91. (2) The burden of proof rests upon the person who denies the attorney’s authority. Week’s,…
1Opinion of the CourtFarrington, J.
On July the sixth, 1912, an application was made by attorney H. T. Harrison to the circuit court of Jasper county for a writ of scire facias to renew the lien of a judgment rendered on July the tenth, 1909, in a suit of Maggie E. Hunhall, plaintiff, against S. Duffield Mitchell, defendant, praying that the lien of said judgment be revived against the real estate of S: Duffield Mitchell, and that the writ of scire facias issue to said Mitchell and to his terre-tenants, W. S. Crane, ~W. B. Kane, and J. C. Miller. The amount of the judgment sought to be revived was $2849.64. The writ was issued…
Also in this document: Concurrence.
2Cases cited14 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- State v. BurgdoerferSupreme Court of Missouri · 1891
- San Francisco Savings Union v. E. B. LongCalifornia Supreme Court · 1898
- Keith v. WilsonSupreme Court of Missouri · 1840
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3Cited by3 opinions
- Pueblo of Santa Rosa v. Fall, Secretary of the InteriorSupreme Court of the United States · 1927
- Cooper v. Armour & Co.Missouri Court of Appeals · 1929
- Asociación de Padres Capuchinos de Pennsylvania v. District Court of San JuanSupreme Court of Puerto Rico · 1933